There are few situations as stressful for landlords as having squatters. A squatter is someone who neither owns property nor pays rent to reside there. Despite this fact, squatting is legal in the state of California, much like it is elsewhere in the country.
As a California property owner, finding yourself with a squatter living on your property can be frustrating, particularly if you're just starting out as a rental property owner. A squatter isn’t someone that you can just wish away. As per California's legal statutes, squatters have rights. As such, removing them can be a challenge.
In this article, we’ll take you through everything you need to know about California Squatters’ rights. Armed with that knowledge, you’ll be able to protect your property and its profitability.
Remember that while this article is a useful guide to understanding what the rights of landlords and squatters alike, it's not a legal document. Make sure you're up to date on California's rental laws or consider hiring expert help before you take action.
Who does the state of California consider a squatter?
A squatter is anyone who takes up residence in a home they don’t own without lawful permission. More often than not, the property is usually either unoccupied, foreclosed, or abandoned. The laws with regard to squatters vary significantly from state to state, which is why it's essential to familiarize yourself with California's rental laws.
Another word for squatting is "adverse possession" and in certain situations
it's possible for squatters to gain the title to a property. For this reason, it's very important to stay on top of things, to ensure you remain in full control of your property.
What’s the difference between squatting and trespassing?
A squatter knowingly and willingly occupies someone else’s property without permission with a claim of ownership. On the other hand, a trespasser is someone that knowingly and willingly occupies someone else’s property without their permission.
Is a holdover tenant a trespasser?
A
holdover tenant is one that remains on the property after their lease has expired. As a landlord, you have two options when it comes to holdover tenants.
The first option is to let the tenant continue living at the property. The
tenant will still live according to the same terms and conditions as before. In other words, they will still be required to adhere to the terms of the existing lease or rental agreement.
The other option is to request that the tenant leave the premises. If the tenant doesn’t oblige to the move out notice, you can file an unlawful detainer lawsuit in court to have them removed.
At this point, the tenant may not be able to claim the property through adverse possession. In fact, they would become criminal trespassers.
What is Adverse Possession?
Adverse possession is a principle in real estate law that allows a squatter to claim ownership rights to a property. In other words, it means that a squatter can claim full ownership to a property that they don’t own.
There are five different conditions that must be followed for adverse possession to be applicable: continuous possession, actual possession, hostile claim, open & notorious possession, and exclusive possession.
What is Color of Title?
Color of Title is a phrase in property law that refers to gaining property ownership without all the required documentation.
California Squatter’s Rights
In the United States, a squatter must meet five distinct requirements before making an adverse possession claim.
1. Hostile Claim
In the legal sense, this doesn’t connote violence or aggression. Rather, it takes on three definitions:
- Simple Occupation:
Most states, including the state of California, follow this rule. It defines ‘hostile’ as an occupation of the land only. The person trespassing doesn’t have to know who the actual property owner is.
- Awareness of Trespassing: This requires that the trespasser know that they don’t have legal rights to occupy the property.
- Good Faith Mistake:
Only a handful of states follow this rule. A trespasser may be relying on an invalid or incorrect deed to occupy a property. In other words, as they were unaware of the property’s legal status, they were occupying the property “in good faith.”
2. Exclusive Possession
To fit this requirement, a squatter must occupy the land or building exclusively. In other words, they must be the only ones living on the property. Sharing it with other people, like strangers or tenants, could invalidate their claim to the property.
In particular, the adverse possessor must not be sharing the property with the actual owner.
3. Open & Notorious Possession
To qualify for an adverse possession claim, the squatter must make their occupation obvious to everyone. Even the actual property owner must be able to tell that someone is squatting on their property.
If a squatter is acting with secrecy and not conducting themselves how an actual property owner would, their claim could be invalid.
4. Actual Possession
This is also another requirement that a squatter must meet prior to making an adverse possession claim. The squatter must physically live on the property and be treating the property like they would their own. For instance, they might make improvements to the property, or beautify it.
5. Continuous Possession
A squatter is also required to have occupied the property for a specific duration of time to make an Adverse Possession claim.
Abandoning the property for weeks or months could invalidate their claim to the property. However, in the case of vacation properties, adverse possessors may be allowed to spend time away from the property if this is consistent with how the true owner would have acted.
How to Get Rid of Squatters in the State of California
If you already have an existing case, there are quite a few ways to deal with squatters.
Here are some of the ways to get rid of squatters:
- Consider paying them to vacate your premises. While it may not be ideal, this can save you valuable time in the long run and prevent legal complications.
- Consider renting the property to them. This may help invalidate their adverse possession rights, creating a situation where everyone is happy.
- Serve them an eviction notice. If the two options above fail, consider filing an unlawful detainer suit in court. Ideally, hire professional legal services. If the squatters don’t respond within the notice period, you can escalate the eviction process further. If the court rules in your favor, the property will be handed back to you.
Tips for Protecting Yourself from Squatters in California
- Inspect your rental property regularly.
- Secure all entrances.
- Erect “No Trespassing” signs throughout your property, particularly if unoccupied.
- If you realize a squatter is already living in the rental unit, serve them an eviction notice as soon as possible.
- Hire professional legal services.
- Hire a qualified property management company.
Do you need more help? If you do, Authority Property Management can help. At Authority Property Management, we’re well-versed in California's landlord-tenant laws. Our main priority is to help property owners achieve peace of mind through quality rental management services. Get in touch with us today to learn more about how we can help you.
Updated 1/10/2023
